No fines if you overstay in UAE for up to 30 days

You may contact the General Directorate of Residency and Foreigners Affairs in Dubai for any further information.

Q-My 18-year-old son's UAE residence visa will expire on June 2, 2019. His exams will continue till June 18. Can he stay on the expired visa during his exams, considering the fact that there is a one-month grace period? Or will he need to come back on a visit visa?

Answer

Even as your son's residence visa expires on June 2, he may still stay in the UAE on one-month grace period (during his exams) without paying any overstaying fines. Thereafter, upon completion of his exams and prior to completion of 30 days of grace period of stay in the UAE, he may travel back to his home country or any other country and return to UAE on visit/tourist visa or on any other visa. Further, if your son is willing to enroll at an educational institution based in the UAE for higher studies, the said educational institution may grant him a student visa upon completion of admission procedures. You may contact the General Directorate of Residency and Foreigners Affairs in Dubai for any further information in this regard. 

Know the law

If a person's residence visa expires, he/she is given a one-month grace period of stay and no overstaying fines are charged.

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore, and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai

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What to do when your visa expires after exiting UAE

The rules regarding expiry or cancellation of visa are to be found in the Federal Law No (6) for 1973 concerning immigration and residence as amended by virtue of Law No. 7 of 1985, Law No. 13 of 1996 and Federal Decree- Law No. 17 of 2017 (the 'Federal Residency Law') read with the provisions of the Ministerial Decision No. (360) of 1997 regrading the issuance of executive regulation of the Federal Law No. (6) of 1973 concerning the entry and residence of foreigners (the 'Federal Residency Rules').

In view of your queries, it may be noted that residence/employment visas for expatriates in the UAE may be deemed to have been cancelled if the individual concerned stays outside the UAE for a continuous period of six months. This is in accordance with Article 61 of the Federal Residency Rules, which reads as follows:

"The residence permit granted to the foreigner shall be deemed to have been cancelled if the period of his stay outside the country exceeds six months."

However, there are certain exceptions to this rule, which are stated under Article 62 of the Federal Residency Rules that read as follows:

"As an exception from the provisions of Article (61) hereof, the residence permit shall continue to be valid until the end of its term for the following categories:

a) The foreigner wives of UAE national.

b) Servants accompanying UAE nationals delegated to study abroad.

c) Servants and escorts of UAE national patients travelling or sent for medical treatment abroad.

d) Foreign patients (and their escorts) who are travelling or sent for medical treatment abroad, holding valid residence permits, provided that they present a medical report approved by the Ministry of Health or the Medical Services of the Armed Forces or Police.

e) Servants of the members of the diplomatic and consular missions representing the state abroad, and employees of such missions holding residence permits in the state.

f) Foreigners delegated by the public sector corporations to attend training or specialisation courses, or those working in their employers' offices abroad, and their families holding valid residence permits in the state.

g) Servants of the members of the ruling family in the UAE, who are serving their houses abroad, and who are holding valid residence permits in the state.

h) Students studying in one of the universities or institutes abroad."

However, it may be noted that your son may not qualify for any of the exceptions as cited hereinabove, and it may be presumed that his visa may have already been cancelled. 

Therefore, considering these circumstances, your son may contact his employer in the UAE, regarding his current status and if such employer would like to continue the employment relationship with him. If the response is positive, then the employer may arrange for a fresh employment visa for your son. Otherwise, your son may re-enter the UAE on a visit visa.

Further, in view of your apprehensions, it may be advisable for you to engage a legal practitioner in the UAE, who may check with the competent authorities if there are any cases filed against your son, or if there are any impending issues regarding his entry to the UAE.

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